Nixon v. Sherman

Filing 20

ORDER Denying 19 Motion to Appoint Counsel, signed by Magistrate Judge Stanley A. Boone on 6/23/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOHNNY N. NIXON,

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Petitioner,

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Case No. 1:14-cv-00525-SAB-HC
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
[ECF NO. 19]
STU SHERMAN,

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Respondent.

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Petitioner has requested the appointment of counsel. There currently exists no absolute

18 right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d
19 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title
20 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the
21 interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. In the
22 present case, the Court does not find that the interests of justice require the appointment of
23 counsel at the present time.
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Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of

2 counsel is DENIED.
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IT IS SO ORDERED.
Dated:

June 23, 2014
UNITED STATES MAGISTRATE JUDGE

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